Eadie, Guilford & Co. v. Ashbaugh
Supreme Court of Iowa
Appeal from Bao District Court. Action oh promissory notes given in part consideration for a reaping and mowing machine, purchased by the defendant. The undisputed facts are that in June, 1872, the defendant purchased the machine of Charles Allen, who represented that he was agent of the plaintiffs, for one hundred and seventy-five dollars, and he paid Allen ten dollars in cash, and gave the notes sued on for the residue of the purchase money.
Read the full summary
Appeal from Bao District Court. Action oh promissory notes given in part consideration for a reaping and mowing machine, purchased by the defendant. The undisputed facts are that in June, 1872, the defendant purchased the machine of Charles Allen, who represented that he was agent of the plaintiffs, for one hundred and seventy-five dollars, and he paid Allen ten dollars in cash, and gave the notes sued on for the residue of the purchase money. The machine was delivered by Allen to the defendant; Allen warranted the machine, and. it failed to work as warranted. The defendant notified Allen of…
1Opinion of the Court
Seevers, Ch. J.
The following propositions may be regarded as established: 1. That Allen was not the agent of the plaintiffs, and had no authority to sell the machine with a warranty; 2. That he assumed to act as such agent, and did sell the machine with a warranty; 3. That the machine did not correspond with such warranty, and that defendant returned the same to Allen, as he was authorized to do by the terms of 'the sale; 4. That plaintiffs accepted the notes without any knowledge that it had been sold with a warranty; 5. That plaintiffs received the notes from their agent Woodward; and 6,…
2Cases cited3 opinions
- Meehan v. . ForresterNew York Court of Appeals · 1873
- Morse v. RyanWisconsin Supreme Court · 1870
- Davenport Savings Fund & Loan Ass'n v. North American Fire InsuranceSupreme Court of Iowa · 1864
3Cited by53 opinions
- Dolvin v. American Harrow Co.Supreme Court of Georgia · 1906
- Chamberlain v. BrownSupreme Court of Iowa · 1909
- Moyers v. FogartySupreme Court of Iowa · 1909
- Campbell v. ParkSupreme Court of Iowa · 1904
- Heuser v. SharmanSupreme Court of Iowa · 1893
48 more not listed; retrieve them via the Exa API.